Auswahl von Expertenwissen durch den Gesetzgeber

Reliable scientific knowledge is a prerequisite if modern legislation wants to change reality. The exercise of epistemic power thus generates a problem for modern constitutional law and the idea of the separation of powers. The contribution shows the importance to identify the interconnectedness of epistemic power and its pathways into constitutional legal reasoning. It pleads for a clearer distinction between facts and evaluations for constitutional reasons in the German constitutional debate which, with a view to the regulation of the COVID 19 pandemic in Germany, refutes uncritical approaches to scientific knowledge ('follow the science').